The URL can be used to link to this page

Home My WebLink About78-06 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Ina _ Form No. 30043 Ordinance No. 78'06 Passed 2~ AN ORDINANCE TO APPROPRIATE A 0.893 ACRE, MORE OR LESS, PRESENT ROAD OCCUPIED), FEE SIMPLE INTEREST FROM ADRIA LABORATORIES, INC., AND .ITS UNKNOWN HEIRS, TRANSFEREES AND DEVISEES, LOCATED EAST OF INDUSTRIAL PARKWAY AND NORTH OF STATE ROUTE 161, TOWNSHIP OF JEROME, COUNTY OF UNION, STATE OF OHIO, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin is preparing to improve the U.S. Highway 33 and State Route 161 Interchange in Franklin and Union Counties; and WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest in and to the premises described in the attached Exhibit "A" located in the Township of Jerome, Union County, Ohio. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~_ of the elected members concurring that: Section 1. Council considers it necessary to appropriate, for the purpose of improving the U.S. Highway 33 and State Route 161 interchange in Franklin and Union Counties, a fee simple interest in and to the premises located in the Township of Jerome, Ohio, and more fully described in the legal description attached hereto as Exhibit "A". Section 2. Council hereby fixes the value of the interest appropriated at $300.00, which sum shall be deposited with the Union County Common Pleas Court for the use and benefit of the owners of the property appropriated as their interest may appear. Upon such deposit, the City of Dublin shall take possession of and enter upon the property pursuant to law. Section 3. Council finds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with the owner of the property as to appropriate compensation, and that the City intends to obtain immediate possession of the property. Section 4. The City Law Director is directed to file a petition for appropriation in the Union County Common Pleas Court and to have a jury impaneled to assess the compensation to be paid for the real estate herein described above. Section 5. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the prompt improvement of U.S. Highway 33 and State Route 161 Interchange is necessary to progress traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this ~ 0?~, day of/(JO ~J~1r, b ->o / , 2006. Mayor -Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Deputy C~e. k of Council, Dublin, Ohio ~~SCHOTTENSTEIN ZOX & D U N N CQ..LP1 MEMORANDUM TO: Dublin City Council Jane S. Brautigam Paul A. Hammersmith, PE, Director ofEngineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: November 13, 2006 RE: Ordinance No. 78-06 (Adria Laboratories Property) U.S. 33 and S.R.161 Interchange Improvement Project PROJECT BACKGROUND: The City of Dublin and the Ohio Department of Transportation (ODOT) are working together to make improvements to the US 33/SR 161/Post Road interchange. In improving the interchange, the relocation of Industrial Parkway to the west is required. The physical location of Industrial Parkway lies on property that is currently encumbered by highway easements. This is also the case for property along the north side of SR 161. In order to create true road right-of--ways and to begin construction of the improvements, we believe that right-of--way acquisition of the encumbered properties is best. This would allow the current use of the property as roadway purposes to remain as such and clear title to the land. ACQUISITION INTRODUCTION: We are beginning the land acquisition process for the improvement of the U.S. Highway 33/S.R. 161 interchange. This project requires the acquisition of a 0.893 acre, more or less, (present road occupied) fee simple interest from Adria Laboratories, Inc. in conjunction with any "unknown heirs". "Present road occupied" basically means that this property only contains an area in which the property owner (Adria Laboratories) holds the underlying fee, but the land is currently encumbered by an existing highway easement. The property is therefore currently used solely for roadway purposes. "Unknown heirs" in this context means that no rightful owner of the property can be found in the chain of title and a court action is required to clear title. Heirs and descendants are not synonymous in this circumstance. So, even if descendants identify themselves, they are not necessarily the "heirs" to this particular property. This resolution permits us to file an action in court and the court will determine which descendants, if any, are heirs to this property. Ordinance 78-06 Memo -Law Director Page 2 ~~SCHOTTENSTEIN ZOX&DU N Nco.,~E~n For compensation purposes, the State requires a minimum offer award amount of three hundred dollars ($300.00). As a result, even if a rightful heir is identified by the court, any amount owned to that heir is nominal under the law. ACTION TAKEN IN THIS CASE: A. Property Records Search After a due diligence search (title review and survey), the surveyor determined that Adria Laboratories owned the property. No heirs were uncovered in the chain of title so two determinations were made: First, to begin appropriation of the land from Adria Laboratories. We contacted the company and its subsidiaries. Those businesses did not respond. Second, (although not discussed in the previous memorandum) we determined that holding a Council meeting where notice would be given and the appropriation would be addressed and open for public discussion, would give any possible heirs or other interested parties the forum to come forward. Additional title searches were conducted for further support of the above conclusions. Again, the chain of title indicated that the land was transferred to Adria Laboratories in 1981 and they are the current owners. B. Council Action Council considered and approved Resolution No. 71-06 indicating the City's intent to appropriate the above land on November 6, 2006. The resolution merely started the eminent domain process and further legislation is necessary to begin acquisition of the land. RECOMMENDATION: "'"`"'"~~°"`~" Legal Staff recommends passage of Ordinance No. 78-06 by emergency. Columbus Cleveland Cincinnati 250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ( Voice: 614-462-2700 ( Fax: 614-462-5135 ORDINANCE 78-06 EXHIBIT A PARCEL 106-WL UNI/k'RA-33-24.87/0.00 OHIO DEPARTMENT OF TRANSPORTATION ADRIA LABORATORIES, INC. ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE, INCLUDING LIMITATION OF ACCESS PAGE 1 OF 2 SITUATED [N THE STATE OF OH10, COUNTY OF UMON, JEROME TOWNSHIP, LOCATED M VIRGINIA MILITARY SURVEY NO. 6748, BENO A PART OF THE ORIGINAL 52.01 ACRE TRACT (PARCEL 2) CONVEYED TO ADRIA LABORATORIES, INC. BV DEED OP RECORD IN DEED BOOK 285, PAGE 38, AND BEING THE SAME 0-893 ACRE TRACT (PARCEL 87), CONVEYED T'O THE STATE OF OHIO AS A PERPETUAL HIGHWAY EASEMENT, BY DEED OF RECORD iN DEED BOOK 227, PAGE 32, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE AT A RAILROAA SPIKE FOUND IN THE CENTERLINE OF EITERMAN ROAD AT THE INTERSECTION OF THE FRANKLIN /UNION COUNTY LINE; THENCE NORTH 87°57'12" WEST, A DISTANCE OF !20.71 FEET, ALONG FRANKLIN /UNION __ COUNTY LINE Tp A CONCRETE RIGHT-OF-WAY MONUMENT FOUND TN THE EASTERLY LINE OF __ SAID ORIGINAL 52.01 ACRE TRACT, AT AN ANGLE POINT JN THE 50UTHWESTERLY RIGHT-OF-WAY LJNE OF EiTERMAN ROAR; THENCE NORTH 03°5I'2T' WEST, A DISTANCE OF 1106.50 FEET ALONG THE EASTERLY LINE OF SAID ORIGINAL 52.01 ACRE TRACT TO THE INTERSECTION OF THE EXISTING WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. ROUTE 33 AND THE &XISTTNG NORTHERLY LIMITED ACCESS RIGHT-0F-WAY LINE OF STATE ROUTE 161, AND BEING THE SOUTHEASTERLY CORNER OF SAID 0.893 ACRE TRACT; SAID POINT BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 106-WL; THENCE THE POLLOWING THREE (3) COURSES AND DISTANCES ALONG THE EXISTING NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LTNL' OP STATE ROUTE 161, AND ALONG THE SOUTHERLY LINE OF SAID 0.893 ACRE TRACT; I. THENCE NORTH 85°29'30" WEST, A DISTANCE OP 297.73 FEET, TO AN ANGLE POINT; 2. THENCE SOUTH 89°53'51" WEST, A DISTANCE OF 139.60 FEET, TO AN ANGLE POINT; THENCE SOUTH 81°1T34" WEST, A DISTANCE OF 151.53 FEET, TO A POINT IN THE NORTHWESTERLY LINE OF SAID 0.893 ACRE TRACT AND SAID ORIGINAL 52.01 ACRE TRACT, ANA THE SOUTHEASTERLY LINE OF THE 2.42 ACRE TRACT CONVEYED TO JOHN L. WIRCHAINSKI BY DEED OP RBCORD IN DEED BOOK 318, PAGE 765; THENCE THE FOLLOWING TWO (Z) COURSES AND DISTANCES ALONG THE NORTHWESTERLY AND NORTHERLY LJNES OF SAID ORIGINAL 52.01 AND 0.893 ACRE TRACTS; THENCE NORTH 65°58'10" EAST, A DISTANCE OF 329.38 FEET, ALONG THE SOUTHEASTERLY LINE OF SAID 2.42 ACRE TRACT TO A POINT TN THE SOUTHERLY LINE OF THE 50.017 ACRE TRACT (TRACT 1) CONVEYED TO JOHN L. WiRCHAINSKI BY DEED OF RECORD IN DEED BOOK 305, PAGE 86; 2. THENCE SOUTH 74°46'33" EAST, A DISTANCE OF 291.07 FEET ALONG THE SOUTHERLY LRJE OF SAID SO.OI7 ACRE TRACT, TO AN ANGLE POINT IN THE EXISTING WESTERLY LIMITED ACCESS RIGHT-0F-WAY LINE OF U.S. ROUTE 33, AT THE NORTHEASTERLY CORNER OF SAJD ORIGINAL 52.01 ACRE TRACT AND SAID 0.893 ACRE TRACT; THENCE SOUTH 03°51'27" EAST, A DISTANCE OF 58.00 FEET ALONG THE EXISTING WESTERLY LIMITED ACCESS RIGJiT-0P-WAY LINE OF U.S. ROUTE 33, AND THE EASTERLY LINE OF SAID ORIGINAL 52.01 ACRE TRACT AND SAID 0.893 ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 106-W4 CONTAINING 0.843 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.893 ACRES, MORL• OR LESS. OF THE ABOVE DESCRIBED AR1:A, 0.893 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 39-000]004._ AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00.00- 015. Oi0/900® 1IHflAII9N3 d.I.N1103 NOIN11 i9iC S69 LC8 YV3 ZO~it 03Af 900Z/CI/80 ORDINANCE 78-06 PAGE 2 OF 2 PARCEL 106-WL UNI/FRA-33-24.$7/0.00 OHIO DEPARTMENT OF TRANSPORTATION ApItIA 1.A$ORATORLES, INC. ALL RIGHT, TITLE AND INTERST 1N T>;E SIMPLE, INCLUDING LiMITAT101Y OF ACCE55 ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG, WTIH A PLASTIC CAP STAMPED "R.D. ZANDE". THE BEARINGS FOR THE UNJ/FRA-33-24.87/0.00 PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM TIIE OH[O COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72", "FRANK 172", ``EGGS 5536", AND "EGGS 5534". THIS DESCRIPTION WAS PREPARED MARCH 25, 2006 BY STEVEN E. RARER, REGISTERED SURVEYOR 7191, AND [S BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006 BY R. D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN DEED BOOK 285, PAGE 38. OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION tS ATTACHED HERETO AND MADE PART THEREOF. ,~~,.v,mnn..,,~~, ~~ ~ F O - _. ._ ,`~,`Q yjO ~•- ll.. _D. ZANDE AND ASSOCIA7R5, INC. RARER ~ ~ -?_ .,,._ REGISTERED SURVEYORNp. 7191 DATE .a ~; 7191 O ._.. ~ P ~''-~FG '~ - _ o rsT~. :~ OTO/L00® ?13ffi1I9N9 A3Jd(10~ NOIldtl i9TC SY9 LCB XVd ZO:TT 03l1 9002/CT/80 ORDINANCE 78-06 ~ ~ EXHif3ff B ~ x ~~ JOHN L. WIRCHAINSKI '~ y x a ,~r 91 t 7-0031031.001 ~^ ~ n C~ 50.017 AC• ((TRACT I) x) ' ~ ~ ;~ ~~ ~ D.6. 305. PG, 88 s I `~ , ~ THIS PARCEL LIES WITFitN 20NE '%' y a r. OF THE 'Fll~l' COMMUNRY PANEL ` N0. 390808 D150 B, WfTlT AN .-~1 EFFECTNE DATE OF 9/27/91 ~ ~ VMS 6748 -_ I t , ~y~ ~ lp6.~j. OeO~) 91 ~ 91 f 3psgp ptiSCR~' n '' ~TR4 6~grOF L 75 ~ ~ ~ ~eg2goc,o3 QaB e~cT J ~~ Ev°sFMp C ~ DON C• 1~AffCHELL a~BRAS°o~ e~• 3~r i~ C 108 ~~CS 44 ~ 1 '~1 O EX. RLWr ~,S I q ,~~~ L Fk ~ l (z R - _ ~-~.. C L~ t,y LB W E)(. R/W ~~ ` S~ ~T 1 \ ~ . ,fir ~/r~ POINT OF TRUE ` ~~ ~\ ~ 1 \ ` BE NNING ~ 0.893 AC. (GROSS) -0.893 AC. (P.R.O.) 1 D ` ~ - 0.000 AC. (NEB') ~ ~ \ c~Ro~ ~ ~ ~ UQCTM ~ o` 68 ` ~x ~ ~~ r3 ~v' O z ~.vnoo G~ ~ ~ ~ G ~' ~ ~O C10 ~ .70 i-jPO~ !~ ~ 6~ ~3 0+6' O '~ O 0 pin O G,~ ~ -4~c^~ q Kl-~c`N~ ~D2 \` rnoo~ no~~ ~~ o~ ~~ ~\ . ~ / _ ~~ \ REFER \ ~ ADRIA LABORATORIES,INC. I 106 39-QOOt004.___ ~N 8j's~ ~° BG~2$S,OPGA 38S ko r7>T~ 2` ~ I NUMBER DIRECTION DISTANCE L1 N 85'29'30 W 297.13' t2 S 89'53"51' W 138.60' l3 S BS'17'34' W 157.53' L4 N 65'58'70' E 329,38' L5 S 74'46'33' E 291.07' L6 S 03'51'27' E 58.00' _~l1dfHT F~ ND D' R.R.S. FOUL 0 REBAR FOUND O IRON P!N FOUND ® R/W MONUMEM FD • 3/A' IRON PIN SET BASIS OF BEARINGS THE BEARINGS FOR THE UN1/pRA-37-24.87/0.00 PRQIECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDp~Y1TE SYSTEM. SOUTH ZONE, NAD 83 (88), AS NE/45URED USING GPS. METHODS THROUGH THE FRANKLIN COUNtt ENGINEFA'S STATIONS 'FRANk 7Z', 'FRlWk T7Y, 'EGGS 5536'. AND 'FCG$ 55.'54. 1c 0~ n - ~~ STEVE ti a E. ~- RADER s ~ ~ 7191 v i tr p1~ eTCwe' !~ ~~ON~L ~V PARCEL 106-NIL UNI/ERA-33-24. B7/0.00 COUNTY OP UNJON, JSROItE TMP., OIiJO V114GINL1 IDTlIAKY SURVSY 87.18 o ano w0 SCN,E tM iEET Propsred B1 R.D. Sor.di ! Jowiat..R h+o. ~soo ~. SAarr or setr• so0 ceheneeM; oAto I9.A~N • /B1/f I6B-~96J 9~oG Rgletered Surveyor 7101 Dote OTO/BOOB 2I83biI9N3 E,lN[]0~ NOINIi i9TC S69 LCB YV3 CO~TT Q3H 8004/CT/80